Albany County Department of Social Services v. Novak

Appeal from an order of the Family Court of Albany County (Tobin, J.), entered April 7,1994, which, in a proceeding pursuant to Family Court Act article 4, granted respondent’s motion to dismiss the petition for lack of subject matter jurisdiction.

Petitioner pays Medicaid benefits to respondent’s husband, *740who resides in a nursing home. The initial determination of eligibility also found that respondent, as the "community spouse”, was entitled to more than $500 per month from her husband’s income (see, Social Services Law § 366-c). Among the resources disclosed by respondent and her husband…